How a Glasgow Waitress Won £43,000 in Sexual Harassment Case

In Ms Jenna Almussawi v Wejdi Moussa, a Glasgow waitress has been awarded almost £43,000 following her successful sexual harassment claim. This comes after the tribunal learned of her boss’ “creepy” treatment, who subsequently dismissed her within a month of starting. Below, we explore what transpired, the employment tribunal’s judgment and when others could be eligible to make a similar claim.

If you have any questions or have experienced harassment at work, please don’t hesitate to get in touch. Redmans Solicitors are specialists in the employment law sector, enabling us to provide specialist, tailored advice.

To find out more:

Glasgow Waitress Faces Harassment at Work

Jenna Almussawi (“The Claimant”) commenced employment on 21 July 2023 as a waitress for Wejdi Moussa (“The Respondent”), who runs a Glasgow restaurant called the Mail Coach.

Trouble began during her interview when the respondent stated, “She had the prettiest eyes he had ever seen”. Although the Glasgow waitress found this “creepy”, she needed the job, so she ignored the incident and accepted the role. The position came without an employment contract, and she was paid cash in hand of £10.18 per hour.

Unfortunately, the unwanted conduct continued after the interview. On the claimant’s first day, the respondent invited her into his office, where he adjusted her uniform despite her believing there was nothing wrong with it. This became a habit thereafter, where he would fix her collar or apron every shift.

During the initial incident, he also fitted her with a staff radio. The Glasgow waitress explained twice that she could do this herself, but the respondent insisted. He required her to unbutton her top and accidentally touched her bottom when he placed the radio in her back pocket, apologising after.

Throughout the claimant’s short employment, several other instances also gave her cause for concern. For example, whenever she walked past the respondent, he’d wink at her, and after every shift, he’d offer her a lift home. He also topped her wage by £20 on two separate occasions, telling her she was doing “a good job”. 

Respondent Overhears Staff Discussions About Misconduct

When the Glasgow waitress discussed the respondent’s conduct with other female staff, she learned they hadn’t experienced the same. Despite this, they told her he’d behaved similarly towards an ex-female employee.

Unbeknownst to the claimant, the respondent heard her conversations with female staff about his behaviour. His security system had picked up everything they’d discussed, leading to him chatting with her in his office. The respondent informed the claimant that he knew what she’d said and told her to be “careful”, which worried her.

In the claimant’s fourth and final week of employment, her hours were reduced. This had been previously arranged and was caused by several exams she was sitting that week. Once these were complete, she contacted the respondent for more shifts but heard no word. She continued to contact him for two more weeks but to no avail, as the respondent blocked her.

Claimant Wins £43,000 Tribunal Case for Sexual Harassment

After the Glasgow waitress failed to contact the respondent, she attempted to find alternative work. However, she ultimately decided to bring claims of sexual harassment and unfair dismissal against her former employer.

Her unfair dismissal claim was quickly dismissed because she didn’t have the required two years of continuous employment. The same couldn’t be said about her sexual harassment claim, though.

Here, the tribunal found that the respondent’s behaviour was “clearly unwanted”. Despite the claimant actively discouraging his conduct, he persisted. The tribunal ruled that this clearly violated her dignity or created an intimidating or humiliating environment for her.

What’s more, the tribunal stated that the unwanted conduct was of a sexual nature or related to the claimant’s sex. Although no specific comments were made to suggest this explicitly, the tribunal found they could draw inferences from the case facts.

Additionally, without a legitimate explanation for the claimant’s dismissal, the tribunal found that this related to her rejection of the respondent’s harassment. As such, the sexual harassment claim succeeded, and the tribunal awarded the Glasgow waitress £42,850.

Understanding Your Rights Under UK Employment Law: Protection Against Sexual Harassment

In the UK, job applicants and those hired in various capacities are protected from sexual harassment under the Equality Act 2010. The legislation sets out that this misconduct is unwanted behaviour of a sexual nature that either:

  • Violates a person’s dignity
  • Creates an intimidating, hostile, degrading, humiliating or offensive environment for them

In both instances, its effect on someone doesn’t have to have been intended. Furthermore, employers have legal obligations to prevent their workforce from such harassment at work. Even if they aren’t directly responsible for the misconduct, they could be vicariously liable if they fail to adhere to their legal responsibilities. Should an individual face workplace sexual harassment, they could have an informal chat with their boss, raise a formal grievance or consider legal action.

If you have any questions or believe you’ve experienced circumstances similar to those of the Glasgow waitress, contact Redmans Solicitors without delay. As specialists in the sector, we can examine your case and advise on your possible next steps.

Get started now by: